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Probate Administration in Long Island

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Probate is a process in which a person's will is approved by the Surrogate's Court and their estate will be disposed of in accordance to their will. Administration is the process that occurs when there is no will over a person's estate and their assets are collected and distributed. In New York, the Surrogate's Court is in charge of this process and has jurisdiction over any matter of estate. The estate of a deceased person is the legal entity that holds that individual's assets, rights, or obligations. Without a will, an administrator will be appointed to distribute the estate assets and handle many other responsibilities after the passing of a loved one.

Who will be the probate administrator?

Administration proceedings occur in the Surrogate Court and this is the process of distributing the assets of a person who has died but did not leave a will or last testament.

The administrator will be appointed and this person will generally be one of the following people:

  • Spouse of the decedent
  • Child of the decedent
  • Parent of the decedent
  • Sibling of the decedent
  • Grandparent of the decedent

    The administrator is generally chosen in that order, if there is no spouse then the child is the next option, then the parent and so on in that order. If there is a problem with picking an administrator at any point of the process, the Surrogate can decide who will be appointed.

    What does the probate administrator do?

    The appointed administrator has the responsibility of gathering and finding all of the estate assets of the decedent. Then that person must obtain an estate identification number from the IRS and have an estate account opened. It is their responsibility to manage the estate assets and also pay debts that may be owed on behalf of the decedent. Lastly, the administrator will distribute the remaining assets after paying any estate taxes or funeral expenses.

    The distribution of assets in New York is done in a specific manner, the breakdown looks like this:

    • If the decedent has a spouse and no children, 100% of the assets goes to the surviving spouse.
    • If the decedent has a spouse and children, $50,000 is given to the spouse and then 50% of the remaining assets is given to the spouse and 50% is divided among the children.
    • If the decedent has children but no spouse, 100% of the estate is shared among the children.
    • If the decedent does not have any children or a spouse, 100% of the estate is given to the decedent's parents.
    • If the decedent does not have any children, does not have a spouse, and the parents have already passed away, the estate would be shared among the children of the parents.

      Whoever the administrator ends up being also receives a commission of the estate as a way of compensation and after the assets have been distributed among the family of the decedent, the estate is closed.

      Our Long Island Attorney Can Help! Call (631) 386-8767.

      Probate administration can be an extremely emotional and sensitive task especially since it is completed soon after the passing of a loved one. Our Long Island attorneys specialize in assisting our clients through this hard process and trying to make the process as easy and quick as possible. Healing after losing a family member can be difficult and the legal processes that have to follow can hinder the recovery process. Let us help you!

      Contact The Law Office of Michael J. Brescia, P.C. to speak with an experienced lawyer. We offer a free initial consultation so you can ask questions at no cost!

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